For L. Murena (41-45)

But in truth, let us allow that these advantages are all equal,—let exertions displayed in the forum be allowed to be equal to military achievements,—let the votes of the quiet citizens be granted to be of equal weight with those of the I soldiers,—let it be of equal assistance to a man to have I exhibited the most magnificent games, and never to have exhibited any at all; what then? Do you think that in the praetorship itself there was no difference between your lot and that of my client Murena?

What department was it that your lot gave you? A disagreeable and odious one. That of inquiry into peculation, pregnant on the one side with the tears and mourning apparel of the accused, full on the other side of imprisonment and informers. In that department of justice judges are forced to act against their will, are retained by force contrary to their inclination. The clerk is hated, the whole body is unpopular. The gratifications given by Sulla are found fault with. Many brave men,—indeed, a considerable portion of the city is offended; damages are assigned with severity. The man who is pleased with the decision soon forgets it; he who loses his cause is sure to remember it. Lastly, you would not go to your province. I cannot find fault with that resolution in you, which, both as praetor and consul, I have adopted in my own case. But still Lucius Murena's conduct in his province procured him the affection of many influential men, and a great accession of reputation. On his road he held a levy of troops in Umbria. The republic enabled him to display his liberality, which he did so effectually as to engage in his interest many tribes which are connected with the municipalities of that district. And in Gaul itself, he contrived by his equity and diligence to enable many of our citizens to recover debts which they had entirely despaired of. In the meantime you were living at Rome, ready to help your friends. I confess that—but still recollect this, that the inclinations of some friends are often cooled towards those men by whom they see that provinces are despised.

And since I have proved, O judges, that in this con-test for the consulship Murena had the same claims of worth that Sulpicius had, accompanied with a very different fortune as respects the business of their respective provinces, I will say more plainly in what particular my friend Servius was inferior; and I will say those things while you are now hearing me,—now that the time of the elections is over—which I have often said to him by himself before the affair was settled. I often told you, O Servius, that you did not know how to stand for the consulship; and, in respect to those very matters which I saw you conducting and advocating in a brave and magnanimous spirit, I often said to you that you appeared to me to be a brave senator rather than a wise candidate. For, in the first place, the terrors and threats of accusations which you were in the habit of employing every day, are rather the part of a fearless man; but they have an unfavourable effect on the opinion of the people as regards a man's hopes of getting anything from them, and they even disarm the zeal of his friends. Somehow or other, this is always the case; and it has been noticed, not in one or two instances only, but in many; so that the moment a candidate is seen to turn his attention to provocations, he is supposed to have given up all hopes of his election.

What, then, am I saying? Do I mean that a man is not to prosecute another for any injury which he may have received? Certainly I mean nothing of the sort. But the times for prosecuting and for standing for the consulship are different. I consider that a candidate for any office, especially for the consulship, ought to come down into the forum and

“Do you see how gloomy that man looks? how dejected? He is out of spirits; he thinks he has no chance; he has laid down his arms.” Then a report gets abroad—“Do you know that he is thinking of a prosecution? He is seeking for evidence against his competitors; he is hunting for witnesses. I shall vote for some one else, as he knows that he has no chance.” The most intimate friends of such candidates as that are dispirited and disarmed, they abandon all anxiety in the matter,—they give up a business which is so manifestly hopeless, or else they reserve all their labour and influence to countenance their friend in the trial and prosecution which he is meditating.